City Council Mtg

Mayor City Administrator Kenneth Romney WEST BOUNTIFUL CITY Duane Huffman City Recorder City Council 550 North 800 West Cathy Brightwell James Ahlstrom West Bountiful, Utah 84087 City Engineer James Bruhn Phone (801) 292-4486 Kris Nilsen Kelly Enquist Mark Preece FAX (801) 292-6355 Public Works Director Rodney Wood www.WBCity.org Steve Maughan ** AMENDED ** THE WEST BOUNTIFUL CITY COUNCIL WILL HOLD A REGULAR MEETING AT 7:30 PM ON TUESDAY, NOVEMBER 7, 2023, AT THE CITY OFFICES Invocation/Thought –James Ahlstrom; Pledge of Allegiance – James Bruhn 1. Approve Agenda. 2. Public Comment - Two minutes per person; five minutes if on behalf of a group. 3. Public Hearing – Reduction of Public Utility and Drainage Easement – 1306 N 600 W. 4. Ordinance 478-23, An Ordinance Reducing a Public Utility/Drainage Easement at 1306 N 600 West - Peterson. 5. City Comments on Draft Environmental Impact Statement for “I-15 Farmington to Salt Lake City” Project. 6. Discuss Consideration of Additional Fiber Projects in West Bountiful. 7. Expenditure Approval – Cart Path Improvements at Lakeside. 8. Meeting Minutes from October 3, 2023, and October 17, 2023. 9. Staff Reports–Police, Public Works, Engineering, Community Development, Administration. 10. Mayor/Council Reports. 11. Closed Session, if necessary, for the Purpose of Discussing Items Allowed Pursuant to UCA § 52-4-205. 12. Adjourn. The above agenda was posted on the State Public Notice website (Utah.gov/pmn), the city website (WBCity.org), posted at city hall, emailed to the Mayor and City Council, and provided to the Davis Journal on November 6, 2023, by Cathy Brightwell, City Recorder.  Mayor WEST BOUNTIFUL CITY City Administrator Kenneth Romney Duane Huffman City Recorder City Council 550 North 800 West Cathy Brightwell James Ahlstrom West Bountiful, Utah 84087 James Bruhn City Engineer Phone (801) 292-4486 Kris Nilsen Kelly Enquist FAX (801) 292-6355 Mark Preece Public Works Director www.WBCity.org Rodney Wood Steve Maughan NOTICE OF PUBLIC HEARING The West Bountiful City Council will hold a public hearing on Tuesday, November 7, 2023, at 7:30 pm, or as soon as agenda permits, at the city offices. The purpose of the hearing is to receive public comment regarding a request by Brett & Kristin Peterson to reduce the rear Public Utility and Drainage Easement on their property at 1306 N 640 West so they can build an accessory structure in the southeast corner of their property. The Peterson’s are asking to reduce the rear (east) easement from 10 feet to 3 feet. All interested parties are invited to participate in the hearing. Written comments or questions may be submitted to Recorder@wbcity.org prior to the meeting. Cathy Brightwell Addison Jenkins City Recorder Community Development  MEMORANDUM TO: Mayor and City Council DATE: November 3, 2023 FROM: Staff RE: Request to Reduce the Public Utility/Drainage Easements at 1306 N 640 West - Peterson __________________________________________________________________________________ Background Brett & Kristin Peterson have requested a reduction of the public utility and drainage easement along their rear (east) property line so they can build a detached garage. The rear easement is proposed to be reduced from 10 feet to 3 feet, as shown in the attached diagram. Process State code requires the city council to hold a public hearing and adopt an ordinance when granting changes to public utility easements. Analysis • The applicant has obtained the necessary approvals and clearances from affected utilities. • The required public notice has been completed. • Staff have reviewed the request and do not foresee any negative impacts to the city by reducing the requested easements. • A public hearing is scheduled as part of tonight’s meeting prior to adoption of the proposed Ordinance. Recommendation Staff recommends the Council approve Ordinance 478-23 for the requested changes to the above described public utility easements and authorize the mayor to sign the Change of Easement documents. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  WEST BOUNTIFUL CITY ORDINANCE #478-23 AN ORDINANCE AUTHORIZING THE CITY MAYOR TO EXECUTE A CHANGE IN EASEMENT ALONG THE EAST PROPERTY LINE AT 1306 N 640 WEST WHEREAS, West Bountiful City has been petitioned by the owners of the above-mentioned property to reduce from ten (10) feet to three (3) feet the east (rear) public utility and drainage easement so that an accessory structure can be built on the property; and WHEREAS, releases have been received from all major public utility agencies; and WHEREAS, on or before October 27, 2023, proper notice was provided to affected entities and neighbors, posted on the property, and posted on state and city websites; and WHEREAS, a public hearing was held by the city council on November 7, 2023 to receive public comment concerning the requested release of easements. NOW THEREFORE, BE IT ORDAINED by the City Council of West Bountiful that the City Mayor is authorized to execute the CHANGE OF EASEMENTS for the property located at 1306 N 640 West, West Bountiful, Utah. This ordinance shall become effective upon signing and posting. ADOPTED November 7, 2023. By: ___________________________________ Kenneth Romney, Mayor Voting by the City Council: Aye Nay Council member Ahlstrom ____ ____ Council member Bruhn ____ ____ Council member Enquist ____ ____ Council member Preece ____ ____ Council member Wood ____ ____ ATTEST: Cathy Brightwell, Recorder  MEMORANDUM TO: Mayor & Council DATE: November 3, 2023 FROM: Duane Huffman RE: City Comments on Draft Environmental Impact Statement for “I-15 Farmington to Salt Lake City” Project __________________________________________________________________________ The Utah Department of Transportation’s public comment period for the I-15 Draft EIS runs from September 29, 2023, through November 13, 2023. The purpose of the city council discussion at the Nov. 7th meeting is to discuss potential comments from the city. At the meeting, staff will present maps and impacts related to main-line I-15; interchange updates at 500 S, 400 N, and 500 W; and other elements of the project. The Draft EIS can be found at: https://i15eis.udot.utah.gov/ 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  MEMORANDUM TO: Mayor & Council DATE: November 3, 2023 FROM: Duane Huffman RE: Discussion – Consideration of Additional Fiber Projects in West Bountiful __________________________________________________________________________ From time to time, the city is approached by internet providers to discuss franchise agreements or excavation permits for the installation of fiber within the city. The purpose of the discussion at the November 7th council meeting is to provide staff with direction in what kind of information the council would like to see when considering these projects. Issues that the council many wish to consider include: • Limited space in the city right-of-way. • The need for additional fiber lines in the city. • The impact on city improvements on additional fiber lines in the right-of-way, and the concept of fees for use of right-of-way. • Location requirements within the right-of-way, including depth, spacing, etc. • Installation methods, e.g. seasonal standards, directional boring, micro-trenching, etc. • On-going maintenance of infrastructure. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  MEMORANDUM TO: Mayor and City Council DATE: 9-29-23 FROM: Duane Huffman RE: Expenditure Approval – Cart Path Improvements at Lakeside _______________________________________________________________________________ The city’s procurement code requires that certain expenditures of $10,000 or more first be approved by the city council. Approval is requested for the following: 1. Cart Path Improvements - $30,074. For a couple of years, the city has budgeted for cart path improvements at the golf course, both for new paths and for maintenance of existing paths. This year’s budget includes $100,000 for this purpose. In reviewing the most pressing cart path needs, staff identified three areas on the course in need of new or replacement asphalt: Tee Box for Hole 13 (replacement); Fairway Hole 13 (new); 18 Hole (new). Staff distributed the scope for this project to several asphalt contractors. Post Asphalt came back with the best quote at $30,074, which is below the engineer’s estimate. Staff recommends moving forward as quickly as possible to install the asphalt before weather conditions prevent the work until next year. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  To: West Bountiful City Engineering Contact: Steve Maughan Address: West Bountiful, UT Phone: Fax: Project Name: Bountiful Golf Course Paths Bid Number: Project Location: 2430 Bountiful Blvd, Bountiful, UT Bid Date: 11/2/2023 Item # Item Description Estimated Quantity Unit Unit Price Total Price TEE BOX 13TH HOLE Furnish Grade & Compact 7" Of Road Base, Prepare 2,761.00 SF $3.75 $10,353.75 Grade For Asphalt With Shoulder 2 Furnish Place & Compact 3" Of 1/2" APWA Asphalt With 2,008.00 SF $4.00 $8,032.00 25% Rap Total Price for above TEE BOX 13TH HOLE Items: $18,385.75 MIDDLE OF HOLE 13 3 Fine Grade & Compact Existing Road Base With 950.00 SF $1.75 $1,662.50 Shoulder 4 Furnish Place & Compact 3" Of 1/2" APWA Asphalt With 688.00 SF $4.00 $2,752.00 25% Rap Total Price for above MIDDLE OF HOLE 13 Items: $4,414.50 18TH HOLE 5 Fine Grade & Compact Existing Road Base With 1,265.00 SF $1.75 $2,213.75 Shoulder 6 Furnish Place & Compact 3" Of 1/2" APWA Asphalt With 1,265.00 SF $4.00 $5,060.00 25% Rap Total Price for above 18TH HOLE Items: $7,273.75 Total Bid Price: $30,074.00 Notes: • Prior to work beginning, this estimate must be signed by the customer and returned to Post Asphalt. • Due to Volatile oil pricing, Without a signed Proposal, Post Construction Can only Hold Pricing for 4 Weeks from bid date. • Surcharge is Included in Proposal, Unless Rocky Mountain Fuel index Diesel Average goes over $5.00 Per Gallon, At that point Additional Fuel Surcharge May be Applied • Price does not include Striping, Traffic Control, Saw Cutting, Soft Spot Repair, Compaction Testing or Material Testing unless noted above • Price does not include permits or survey fees for quoted items unless noted above • Post Construction Company will not guarantee drainage on grades with 1% or less slope • Price to be billed based on measurements following job completion. • IF soft spots encountered in subgrade: Ex-out 8" of existing material & haul away; Furnish place and compact 8" of new road base @ $3.00 per SF Ex-out 12" of existing material and haul away; Furnish place and compact 12" of new road basel @ $4.00 per SF Payment Terms: Payment terms are net (15) days from the date of each original Invoice. If payment is not received within such fifteen days, interest shall be charged on the outstanding principal amount at the rate of two percent per month (twenty-four percent annually), until paid in full. Where legal proceedings are instituted for recovery of all balance's due, Post Asphalt Paving & Construction shall be entitled to recover additional costs incurred, including reasonable attorney's fee. Post Asphalt Paving & Construction is hereby authorized to file a preliminary notice describing the aforesaid Customer Address pursuant to UTAH CODE ANN. 38-1a-501,1953 (as amended). 11/2/2023 9:01:47 AM Page 1 of 2  WEST BOUNTIFUL Page 1 of 5 CITY COUNCIL MEETING October 03, 2023 1 PENDING – NOT YET APPROVED 2 Minutes of the West Bountiful City Council meeting held on Tuesday, October 3, 2023, at West Bountiful 3 City Hall, 550 N 800 West, West Bountiful, Davis County, Utah. 4 MEMBERS: Mayor Ken Romney, Council members James Ahlstrom, James Bruhn, Kelly Enquist, Mark 5 Preece, and Rod Wood. 6 STAFF: Chief Brandon Erekson, Steve Doxey (City Attorney), Steve Maughan (Public Works 7 Director), Kris Nilsen (City Engineer), and Cathy Brightwell (City Recorder). 8 EXCUSED: Duane Huffman (City Administrator) 9 PUBLIC: Dell Butterfield, Richmond Thornley, Alan Malan, Jenn Nielsen, Aimee Hinojosa, Dan 10 McConkie, Sherry Killen, David Killen, Garth McFarland, Wendy McFarland, Eric 11 Eastman, Lucile Eastman, Ben Wuthrich, Katie Williams, Alexis Version, Nacole 12 McKenzie, Val Leay, Zach McKay, Craig Price, Bev Haslam 13 ------------------------------------------------------------------ 14 Mayor Romney called the regular meeting to order at 7:32 pm. Mark Preece provided an invocation; James 15 Ahlstrom led the Pledge of Allegiance. 16 1. Approve the Agenda. 17 MOTION: Rod Wood made a Motion to approve the agenda as presented. James Ahlstrom 18 seconded the Motion which PASSED unanimously. 19 20 2. Public Comment – Two minutes per person; five minutes if on behalf of a group. 21 Eric Eastman, resident, commented that the artwork we have enjoyed in the chambers has been removed but 22 will be replaced shortly with wildlife photography from Jim Child. At the February Arts Council event he 23 will talk about his photos and share stories about how he was able to capture some of his pictures. 24 Craig Price, 1163 N 725 W, stated he was here to talk about property conditions in his neighborhood. He 25 believes yards are full of garbage, mattresses, debris, and weeds in every section of the city. He is concerned 26 these properties could impact entire neighborhoods by attracting rodents and spreading weeds on other 27 properties. He suggested letters need to be sent so the owners and residents to make them understand they are 28 responsible for yard upkeep. Having checked with surrounding communities, Mr. Price said he found that 29 they have clear processes they follow, and he believes West Bountiful needs to do something similar. He said 30 other members of his neighborhood are here to show support and they are asking for codes to be enforced 31 and property owners to be held responsible. 32 Mayor Romney said their comments are timely as he has also noticed properties in poor condition and 33 wonders if the recent drought provided an excuse for some people to let their yards go. He said the city 34 recently hired a new employee who will handle code enforcement as part of his job responsibilities. The city 35 has been trying to stay on top of these situations and does have a process in place although it may need to be 36 modified. He added the city has sent out a lot of letters about weeds but has not been overly zealous about 37 follow-up due to limited resources. He added that if there are specific properties that need to be addressed 38 immediately, property addresses should be shared with staff. Mr. Price provided a list of addresses to the 39 council.  WEST BOUNTIFUL Page 2 of 5 CITY COUNCIL MEETING October 03, 2023 40 Garth McFarland added that he appreciates any work the city can do to deal with the code violation problem. 41 We are at a turning point and need to do something now, before citizens like himself are forced to make the 42 hard decision to move out of the city they love and have lived in for many years. 43 There was discussion by council members about how best to handle the problem and a commitment to 44 review and make changes to ordinances, if necessary, to improve enforcement processes and actions. 45 3. I-15 EIS Update – Alexis Version & Katie Williams, UDOT 46 Alexis Version provided an overview and status update of the I-15 Farmington to Salt Lake project. 47 Improved interchanges, additional lanes, and connecting different types of transportation, including cyclists 48 and pedestrians, are being considered to provide better access in the face of aging infrastructure and rapid 49 growth. 50 The draft EIS was released last Friday which begins a 45 day comment period. They asked the city to help 51 get the word out so they can get as much input as possible on the released proposals. Following the comment 52 period, UDOT will review comments, come up with alternatives, and prepare drafts to be ready in the spring. 53 Council members had questions about specific plans for 400 North, 500 South, and 2600 South. Ms. Version 54 said they are working with local groups on specific concerns throughout the comment period to make sure 55 they understand all the issues. 56 Mayor Romney thanked them for the update and said we will continue to work with them to resolve the 57 city’s concerns. 58 4. Public Hearing – Reduction of Public Utility and Drainage Easements – 1502 N 1000 W 59 Kris Nilsen provided background on the request by the Ockey’s at 1502 N 1000 West to reduce the rear and 60 side public utility and drainage easements so they can build a detached garage. He described the existing 61 easements, including a 30 feet easement put in place when the subdivision was created to ensure drainage 62 from their property did not impact neighboring properties. A drain line is being relocated closer to the 63 property line which Kris said will adequately contain water on the property. He added that clearances to 64 change the easements have been received from affected utilities. 65 MOTION: James Ahlstrom Made a Motion to open the public hearing. Mark Preece Seconded 66 the Motion which PASSED Unanimously. 67 68 Zach McKay owns an adjacent property and is concerned about water flowing onto his property. He said he 69 is on the low side and currently collects some water from his neighbors. He added that after hearing the city 70 engineer’s explanation about how water will be controlled, he is comfortable with his neighbor’s request. 71 MOTION: James Ahlstrom Made a Motion to Close the Public Hearing. Kelly Enquist Seconded 72 the Motion which PASSED Unanimously. 73 74 5. Ordinance 477-23, An Ordinance Reducing Public Utility/Drainage Easements at 1502 N 1000 75 West – Ockey 76 MOTION: James Ahlstrom Made a Motion to Adopt Ordinance 477-23, as Presented, Subject to 77 Public Works Review. Mark Preece Seconded the Motion, which Passed as Shown 78 below.  WEST BOUNTIFUL Page 3 of 5 CITY COUNCIL MEETING October 03, 2023 79 James Ahlstrom – aye James Bruhn – aye 80 Kelly Enquist – aye Mark Preece – aye 81 Rod Wood - aye 82 83 6. Request for Public Improvements Deferral – 261 N 800 West – Wuthrich. 84 Kris Nilsen explained that the Wuthrich’s have submitted a building permit to construct an addition to their 85 home. They demolished the rear of their home due to extreme settling and have presented plans that expand 86 the home and improve wheelchair accessibility for his wife. The proposed addition adds approximately 60% 87 to the current footprint. City code requires installation of public improvements when the area of a new 88 addition footprint is greater than 50%. 89 The Wuthrich’s have submitted a request for Deferral of Public Improvements until such time as curb and 90 updated sidewalk is extended on 800 West as part of a larger project extending farther south past their 91 residence. 92 Mr. Nilsen said he has reviewed the property and believes it will be difficult to engineer curb on this property 93 as a standalone project. There is currently a sidewalk on the property, but a significant elevation drop from 94 the road to the existing sidewalk. Also, water from the adjacent church drains into his yard. 95 Kris said he believes that in this situation, it is better to defer the improvements until the entire road can be 96 engineered as a full project. 97 MOTION: Mark Preece Made a Motion to Grant the Request for Deferral of Public 98 Improvements for the Wuthrich’s at 261 N 800 West. Rod Wood seconded the Motion, 99 which passed as shown below. 100 James Ahlstrom – aye James Bruhn – nay 101 Kelly Enquist – aye Mark Preece – aye 102 Rod Wood - aye 103 104 7. Request for Expenditure Approval – Piping Ditch at Golf Course. 105 The city’s procurement code requires certain expenses of $10,000 or more to first be approved by the city 106 council. Kris Nilsen explained that for several years the city has explored options for piping a portion of the 107 ditch near the #2 green and #3 tees at the golf course. This ditch is adjacent to the side yard of homes at the 108 end of 975 West and is difficult to maintain. 109 Staff proposes using 12 inch high-density polyethylene pipe for approximately 406 feet to pipe the storm 110 water within this ditch, covering it, and planting maintainable landscape. To help manage costs, a 111 combination of public works and golf course maintenance staff will complete the project as proposed and as 112 soon as possible. The estimated cost is $23,000. 113 There was discussion that if sent out to public bid, the cost would have been closer to $58k. 114 MOTION: Rod Wood Made a Motion to Approve the Request and Amend the Budget. James 115 Bruhn seconded the Motion, which passed as shown below. 116 James Ahlstrom – aye James Bruhn – aye 117 Kelly Enquist – aye Mark Preece – aye  WEST BOUNTIFUL Page 4 of 5 CITY COUNCIL MEETING October 03, 2023 118 Rod Wood - aye 119 120 8. Meeting Minutes from September 19, 2023. 121 MOTION: James Bruhn Made a Motion to Approve the Meeting Minutes from September 19, 122 2023, as presented. Mark Preece Seconded the Motion which PASSED Unanimously. 123 124 9. Staff Reports 125 Chief Erekson – shared information about an event earlier in the day at 7-11 on 500 South where an 126 unidentified package left in the store was blown up in the car wash by the bomb squad. It turned out not to be 127 a bomb. 128 Steve Maughan – no report. 129 Kris Nilsen – working on engineering for 660 W (400 N to 1000 N). Recent rain has helped us figure out 130 existing drainage. 131 Cathy Brightwell – Addison Jenkins, the new community development specialist started yesterday and will 132 be introduced at the next meeting. October 16 is Meet the Candidates night and will begin at 6:30 for a meet 133 and greet, with a Q & A session beginning at 7 pm. Also, there will be a joint work session with the planning 134 commission on October 17 at 6:30pm. 135 10. Council Reports: 136 Kelly Enquist – no report. 137 James Bruhn – Arts council meeting will be this Thursday, with Cowboy poetry and a musical band 138 performing next Friday on October 13th. He asked that the illegal sign on 400 N and 1100 West be removed, 139 and reminded the council that a new July 4th coordinator is needed as soon as possible. 140 James Ahlstrom – Commended Steve Maughan for addressing a sign problem on the trail behind the 141 Eastman’s, even though it was not a city issue. They were very grateful. 142 Election sign questions have come up. According to Cathy, if in a park strip they need to be 5 feet away from 143 a corner. 144 We are still looking for a Youth Council advisor. He said we need to consider a compensation package and 145 asked that something be ready to discuss at the next meeting. He added that at their next meeting, they will 146 be making ‘thank you bags’ to be left on hospital employee cars. 147 Mark Preece – The Sewer District is still working on the sale of the WWR project. He said he agrees with 148 the comments about yards. He has noticed issues in his neighborhood. 149 Rod Wood – the UDOT presentation was good. He said he still wants to see a plaque on the new public 150 works building, similar to the one we have for the city hall building when it was built. 151 Mayor Romney – agreed that plaques are commonly done with new buildings and said he will look into 152 getting one. He added that he appreciates everything everyone is doing and supports the city’s efforts to 153 clean up yards around the city. 154  WEST BOUNTIFUL Page 5 of 5 CITY COUNCIL MEETING October 03, 2023 155 12. Adjourn - 156 MOTION: James Ahlstrom Made a Motion to Adjourn the Meeting. Mark Preece Seconded the 157 Motion which PASSED Unanimously. 158 159 ------------------------ 160 161 The foregoing was approved by the West Bountiful City Council by unanimous vote of all members present 162 on Tuesday, November 7, 2023. 163 _______________________________ 164 Cathy Brightwell, City Recorder  WEST BOUNTIFUL Page 1 of 3 CITY COUNCIL MEETING October 17, 2023 1 PENDING – NOT YET APPROVED 2 Minutes of the West Bountiful City Council and Planning Commission work meeting held on Tuesday, 3 October 17, 2023, at West Bountiful City Hall, 550 N 800 West, West Bountiful, Davis County, Utah. 4 CITY COUNCIL: 5 Mayor Ken Romney, Council members James Ahlstrom, James Bruhn, Kelly Enquist, Mark 6 Preece, and Rod Wood. 7 PLANNING COMMISSION: 8 Chairman Alan Malan, Corey Sweat, Laura Mitchell, Dennis Vest, Dell Butterfield 9 STAFF: Duane Huffman (City Manager), Steve Doxey (City Attorney) Kris Nilsen (City Engineer), 10 Addison Jenkins (Community Development), Asst Chief Lance Wilkinson, and Cathy 11 Brightwell (City Recorder). 12 EXCUSED: James Ahlstrom – Council member 13 PUBLIC: Aimee Hinojosa, Dan McConkie, Craig Hammond, Renate Allen, Sharon Schofield, 14 Richmond Thornley, Jenn Nielsen 15 ------------------------------------------------------------------ 16 Mayor Romney called the work meeting to order at 6:30 pm. He offered an opportunity to the public to make 17 comments. 18 Aimee Hinojosa provided a summary of her family’s situation that includes finding a new home on 660 West 19 so the detached garage could be used for a auto repair business, the granting of a conditional use permit for 20 the home occupation by the planning commission, subsequent appeal of the decision, and city council’s 21 denial of the conditional use permit. She said she has been present in every meeting held by the planning 22 commission as they considered changes to the city’s home occupation business license regulations and is 23 hopeful the city council will consider the planning commission’s recommendation with an open mind. 24 Renate Allen shared her disappointment with the city council’s decision to deny the Hinojosa’s conditional 25 use permit for their home occupation on appeal. She said the turmoil caused by this issue in the 26 neighborhood is sad and she is hopeful the planning commission’s recent recommendation will put an end to 27 the conflict. 28 Craig Hammond said he filed the appeal of the Hinojosa’s conditional use permit which is consistent with his 29 opposition to all home occupations in the area. He said this is a great community and the code should be 30 enforced as allowing certain businesses in residential zones negatively affects the entire community. He 31 noted that ULCT and LUAU both caution against conditional use permits. He acknowledged there are a lot 32 of similar businesses in the city but believes it is important to protect residential areas. 33 Dan McConkie said he has attended all the planning commission meetings as they have considered home 34 occupations. They have worked very hard to recognize and consider the uniqueness of the city. 35 Nathan Halling said that when he lived in Bountiful, he had a conditional use permit but was not in 36 compliance. When he moved to West Bountiful, he believes he was told his business is the kind the city 37 wants in the community. He plans to add a salon to his home at some point which he hopes will still be 38 allowed. He also noted his neighbor has a crane in his back yard which hasn’t been a problem. As far as  WEST BOUNTIFUL Page 2 of 3 CITY COUNCIL MEETING October 17, 2023 39 neighbor notification, he recommends it be limited to adjacent properties rather than the current 600 feet or 40 the proposed 300 feet distance from applicant’s property lines. 41 ------------ 42 Following public comments, Mayor Romney thanked the planning commission for their hard work on new 43 home occupation requirements. The goal of this meeting is to better understand the recommendation and to 44 work toward something that is right for the city while remaining friendly and respectful of neighbors. He 45 asked Duane Huffman to lead the discussion on Home Occupation Business License regulations. 46 Duane noted that the intent is not to leave this meeting with a new ordinance but to find a path to move 47 forward to the next step in updating and clarifying the regulations. He asked the planning commission to 48 share their thoughts and reasoning behind the recent proposal. 49 Chairman Malan and Commissioner Sweat explained the process of the planning commission and the focus 50 on standard requirements that would protect neighborhoods while allowing property owners to reasonably 51 use their homes. If home occupations meet the requirements and conditions can be implemented in some 52 cases to ensure negative impacts are mitigated, why should the city care if the business exists? 53 Commissioner Vest stated that his concern is that residents have certain expectations that their neighborhood 54 will remain residential and if some types of home occupations are allowed, the primary focus of the 55 neighborhood changes. Several of the businesses proposed as conditional uses are prohibited in other cities, 56 so why would we allow them here? He is also concerned about the ability to enforce conditions without 57 unreasonably increasing staff workload. 58 There was discussion about the concept and legal constraints of conditional use. Steve Doxey commented 59 that is often a challenge to come up with good conditions that protect the neighborhood long term. Generally, 60 clear regulations are preferable to conditions. He also commented on potential purpose and definition 61 clarifications to the proposal. 62 Council members offered thoughts and feedback on the proposal. Members thanked the planning 63 commission for their hard work. There was discussion on the need for clear regulations, on whether it was 64 good policy to consider certain conditional uses, and wanting to find the right balance. 65 Mayor Romney commented that the primary use in a residential zone is residential, not home occupations. 66 Commercial uses should be in commercial zones, not residential. Conditional uses have always been a 67 problem, so we need to consider them carefully. Our primary goal needs to be to protect residential 68 neighborhoods. People should be able to do what they want on their property for personal use within reason, 69 but not for business use. 70 Duane summarized the discussion. He acknowledged the hard work done by the planning commission and 71 noted that several changes other than listing conditional and prohibited uses are proposed to clean-up and 72 clarify the code. As a path forward, he recommended that 1. council members review the general 73 requirements and review the list of conditional and prohibited uses and provide comments to staff, 2. Mr. 74 Doxey and staff again review definitions and other general language, and 3. A summary of the results of 75 these reviews be given to the planning commission for a final recommendation from them. 76 77 78  WEST BOUNTIFUL Page 3 of 3 CITY COUNCIL MEETING October 17, 2023 79 12. Adjourn - 80 MOTION: Kelly Enquist Made a Motion to Adjourn the Meeting at 8pm. Mark Preece Seconded 81 the Motion which PASSED Unanimously. 82 83 ------------------------ 84 85 The foregoing was approved by the West Bountiful City Council by unanimous vote of all members present 86 on Tuesday, November 7, 2023. 87 _______________________________ 88 Cathy Brightwell, City Recorder